Questions Presented
               You asked whether, in general, the agency may honor Income Withholding for Support
                  Orders/Notices (IWOs) issued by AmeriKids Child Support Specialists, Inc., a non-governmental,
                  private child support collection agency in Sioux Falls, South Dakota. If so, you asked
                  whether the agency may withhold the amounts specified in the two IWOs you submitted
                  for our review. You also asked whether the respective divorce decree and other court
                  orders that AmeriKids served with each IWO, standing alone, are for purposes of benefit
                  withholding, and whether a valid withholding order must specifically require payments
                  from the obligor’s Social Security benefits.
               
               Short Answer
               The agency may not withhold benefits pursuant to IWOs issued by AmeriKids. Nonetheless,
                  the agency must determine whether an underlying court order served with an AmeriKids
                  IWO, standing alone, is valid for withholding purposes. Here, the agency may not withhold
                  benefits pursuant to the underlying divorce decrees or other court orders at issue
                  because they do not constitute legal process. While legal process need not expressly
                  name the agency as garnishee or specifically require payment from the obligor’s Social
                  Security benefits, legal process must be directed to and for the purpose of compelling
                  a governmental entity that holds moneys, otherwise payable to an individual, to make
                  payments from such moneys in order to satisfy the individual’s legal obligation to
                  provide support. We conclude none of the underlying court orders satisfy this requirement.
               
               Background
               AmeriKids issued and served on the Sioux Falls, South Dakota Field Office an IWO for
                  Ronald P~ and an IWO for Ronald H~. Both Ronald P~ and Ronald H~ are Title II beneficiaries
                  who reside in Iowa.
               
               The IWO that AmeriKids issued for Ronald P~, dated September 29, 2010, directs the
                  agency to withhold $750.00 per month from his Social Security benefits. AmeriKids
                  served three underlying court orders with this IWO. A Judgment and Decree of Divorce
                  issued by a South Dakota circuit court in February 1978 ordered Ronald P~ to pay child
                  support of $150 per month per child, plus medical/dental care and insurance, and alimony
                  of $100 per month. In March 1982, the same circuit court entered judgment against
                  Ronald P~ for alimony and child support arrearages totaling approximately $11,000.
                  In December 2001, an Iowa district court entered judgment against Ronald P~ for approximately
                  $43,000 for past due child support and medical expenses, past due alimony, and accrued
                  interest. The court also found Ronald P~ in willful contempt of court for nonpayment
                  of past due child support, sentenced him to 30 days in the county jail, and ordered
                  him to purge his contempt by paying $150 per month to the clerk of the South Dakota
                  circuit court noted above, beginning December 15, 2001.
               
               In April 2011, AmeriKids issued an IWO for Ronald H~ that directs the agency to withhold
                  $300 per month from his benefits. AmeriKids served a Dissolution Decree issued by
                  an Iowa district court in December 1988 with this IWO. [1] The Dissolution Decree has an income withholding provision that directs Ronald H~’s
                  “employer” to deduct $75 per week from his income to satisfy child support arrearages,
                  and upon satisfaction of this amount, to deduct $65 per week from his income to satisfy
                  his current support obligation. The decree states that “the order for mandatory income
                  withholding shall remain in full force and effect for so long as Respondent is obligated
                  to pay child support,” and that it is “binding on current and future employers.”
               
               Discussion
               IWOs Issued by AmeriKids Are Not Legal Process, and Thus Do Not Permit Garnishment
               As you know, Social Security Title II benefits may be garnished to enforce an individual's
                  legal obligation to provide child support. See 42 U.S.C. §§ 659(a), (h)(1)(A)(ii)(I); 5 C.F.R. § 581.103(c)(1); 20 C.F.R. § 404.1820(b);
                  POMS GN 02410.200(A). The agency must comply with legal process, defined as “any writ, order, summons,
                  notice to withhold income . . . or other similar process in the nature of garnishment”;
                  directed to a governmental entity to compel it to make a payment, from moneys otherwise
                  payable to an individual, to another party in order to satisfy the individual’s legal
                  obligation to provide child support or alimony; and issued by (1) a court of competent
                  jurisdiction (domestic or foreign), (2) an authorized official pursuant to a court
                  order or pursuant to state or local law, or (3) a state agency that is authorized
                  to issue income withholding notices pursuant to state or local law or pursuant to
                  section 466(b) of the Social Security Act. See 42 U.S.C. § 659(i)(5); 5 C.F.R. § 581.102(f); POMS GN 02410.200(B).
               
               The agency may not honor IWOs issued by AmeriKids. Since they are not issued by a
                  court, an authorized official pursuant to court order or state or local law, or an
                  authorized state agency, IWOs issued by AmeriKids do not constitute legal process.
                  [2] See POMS GN 02410.210(A)(4) (third-party garnishment orders, standing alone, are not sufficient to authorize
                  garnishment). Section 207(a) of the Act prohibits the withholding of benefits based
                  on orders that are not legal process. “The right of any person to any future payment
                  under [Title II] shall not be transferable or assignable, at law or in equity, and
                  none of the moneys paid or payable or rights existing under this title shall be subject
                  to execution, levy, attachment, garnishment, or other legal process,” unless some
                  other provision of law expressly provides for such collection. 42 U.S.C. § 407(a).
               
               We caution that while IWOs issued by AmeriKids are not legal process, the agency must
                  nonetheless determine, for purposes of benefit withholding, the validity of a court
                  order purportedly underlying and served with an AmeriKids issued IWO.[3] See POMS GN 02410.210(A)(4) (with third-party garnishment orders, agency considers whether underlying court
                  orders, if any, authorize garnishment). Accordingly, we now consider whether the underlying
                  court orders permit garnishment.
               
               The Orders Underlying the IWOs Issued by AmeriKids Are Not Legal Process, and Thus
                  Do Not Permit Garnishment
               
               As noted above, the agency must comply with legal process directed to a governmental
                  entity to compel it to make a payment, from moneys otherwise payable to an individual,
                  to another party in order to satisfy the individual’s legal obligation to provide
                  child support or alimony. See 42 U.S.C. § 659(i)(5); 5 C.F.R. § 581.102(f); POMS GN 02410.200(B). The 1978 South Dakota Judgment and Decree of Divorce that AmeriKids served with
                  the IWO that it issued for Ronald P~ is not in the nature of garnishment, i.e., it
                  contains no specific provision for income withholding by a third-party payor. Therefore,
                  the decree does not constitute legal process. For the same reason, the South Dakota
                  and Iowa judgment orders to enforce Ronald P~’s support obligation do not constitute
                  legal process.
               
               Although the 1988 Iowa Dissolution Decree that AmeriKids served with the IWO for Ronald
                  H~ has an income withholding provision, it too fails to constitute legal process.
                  While legal process need not expressly name SSA as a garnishee, the decree is directed
                  to Ronald H~ “employer,” and not to a governmental entity to compel it to make a payment,
                  from moneys otherwise payable to an individual, to another party in order to satisfy
                  the individual’s legal obligation to provide child support or alimony.[4] See 5 C.F.R. § 581.202(a).
               
               Moreover, even assuming, arguendo, the 1988 Dissolution Decree constituted legal process, the decree must be facially
                  valid, i.e., it must conform, on its face, to the laws of the issuing jurisdiction,
                  and service of the decree on the agency must be proper. See 5 C.F.R. §§ 581.202, 581.305(a)(1); POMS GN 02410.205, 02410.210(A)(3)(b). Here, the decree appears to be valid on its face.[5] However, we question AmeriKids’ service of the decree on the agency.
               
               Service of legal process that is regular on its face must be in accordance with the
                  law of the issuing state. See 42 U.S.C. § 659(c)(2); 5 C.F.R. § 581.202; POMS GN 02410.205, 02410.210(A). Under Iowa law, only the district court may serve an order of income
                  withholding, standing alone, on the obligor’s payor of income. See Iowa Code Ann. § 252D.17 (“the district court shall provide notice by sending a copy
                  of the order for income withholding or a notice of the order . . . to the obligor
                  and the obligor’s payor of income by regular mail, with proof of service completed
                  according to rule of civil procedure 1.442”). Here, AmeriKids served the decree on
                  the Sioux Falls, South Dakota Field Office. Therefore, service on the agency was not
                  proper under Iowa law, and thus, even if the decree constituted legal process, the
                  agency may not honor it.
               
               Conclusion
               IWOs issued by AmeriKids do not constitute legal process, so the agency may not honor
                  them. However, the agency must determine whether it may withhold benefits pursuant
                  to an underlying court order served with an IWO issued by AmerKids. Here, the agency
                  may not withhold benefits pursuant to any of the underlying court orders, standing
                  alone, because none constitute legal process. Legal process need not expressly name
                  the agency as garnishee or specifically require payment from the obligor’s Social
                  Security benefits. However, legal process must be directed to and for the purpose
                  of compelling a governmental entity that holds moneys, otherwise payable to an individual,
                  to make payments from such moneys in order to satisfy the individual’s legal obligation
                  to provide support. Here, we conclude that none of the underlying court orders satisfy
                  this requirement. 
 John Jay Lee
 Regional Chief Counsel
               
               By: ___________________________
 Yvette G. Keesee 
Assistant Regional Counsel